Stott v The Queen

In the matter of *Stott v The Queen*, heard by Refshauge J, the applicant, Sharon Ann Stott, sought a stay of her sentence of imprisonment and bail pending the determination of her appeal. The dispute centred on whether exceptional circumstances existed to warrant such relief.

The primary legal issue before the court was whether the applicant had demonstrated special or exceptional circumstances justifying a stay of her sentence and the grant of bail. This involved considering the prospects of success of her appeal and the practical difficulties she would face if she were required to commence her sentence immediately, including the potential termination of her tenancy, the need to arrange accommodation for family members, the care of pets, and the potential loss of possessions.

Refshauge J reasoned that the circumstances presented by the applicant, particularly the logistical challenges and potential hardship associated with her immediate commencement of imprisonment, constituted special or exceptional circumstances. The court balanced these circumstances against the usual considerations for granting bail and a stay of sentence, ultimately finding that the applicant's situation warranted the requested relief. The court applied principles relating to the exercise of discretion in granting bail and stays of sentence in the context of an impending appeal.

Consequently, the court ordered that the sentence of imprisonment imposed on Sharon Ann Stott on 16 March 2016 be stayed from 19 August 2016 until 9 September 2016. The applicant was granted bail during this period, subject to a number of conditions including security, supervision, abstention from alcohol and illicit drugs, submission to testing, daily reporting, and a nightly curfew.